Thinking about taking Property Management to Small Claims Court, Need Opinion

[Kleimax]

This issue is for an issue in the state of Idaho:

For starters I signed a 1 year lease in August 2019, my lease expired July 2020. In July 2020 I signed a month to month extension, and gave them my 30-day notice at the same time which put my lease expiration date on August 31. I moved out on the 24 as I bought a home and that was my closing date. I had everything out of the apartment and cleaned before the 30th, and I happily ate the week I wasn't living there as my lease was terminating on the 31.

My lease states that my security deposit/ refund check will be "post-marked" WITHIIN 30 days after Resident vacates the premises. There's more language but thats the most important part. I received my statement/ refund today, which I have not opened as the property management had the letter post-marked on October 8, over 38 days after I vacated. The lease clearly states it must be post-marked within 30 days. I had so many issues with this property management and them doing this boils my blood.

My security deposit was $1,000, a small amount and nothing I sweat over, but they dinged me $350 in cleaning fees for a 1200 sq foot apartment. So my net refund was $650. My question is, is it worth emailing them to recoup that $350 as they breached my lease contract with them by not post-marking my refund within 30-days per the lease. The letter clearly was stamped October 8 via the post office, which explains why it didn't get to me until today as I live 5 miles away from the property management office.

Should I take them to small claims court to re-coup my lost money because they breached my contract, or should I just let it be?

 

[bcr229]

Did you have move in/move out inspections? Do you have pictures/video of the property after you vacated but before you turned over the keys?

 

[Litigator22]

This issue is for an issue in the state of Idaho:

For starters I signed a 1 year lease in August 2019, my lease expired July 2020. In July 2020 I signed a month to month extension, and gave them my 30-day notice at the same time which put my lease expiration date on August 31. I moved out on the 24 as I bought a home and that was my closing date. I had everything out of the apartment and cleaned before the 30th, and I happily ate the week I wasn't living there as my lease was terminating on the 31.

My lease states that my security deposit/ refund check will be "post-marked" WITHIIN 30 days after Resident vacates the premises. There's more language but thats the most important part. I received my statement/ refund today, which I have not opened as the property management had the letter post-marked on October 8, over 38 days after I vacated. The lease clearly states it must be post-marked within 30 days. I had so many issues with this property management and them doing this boils my blood.

My security deposit was $1,000, a small amount and nothing I sweat over, but they dinged me $350 in cleaning fees for a 1200 sq foot apartment. So my net refund was $650. My question is, is it worth emailing them to recoup that $350 as they breached my lease contract with them by not post-marking my refund within 30-days per the lease. The letter clearly was stamped October 8 via the post office, which explains why it didn't get to me until today as I live 5 miles away from the property management office.

Should I take them to small claims court to re-coup my lost money because they breached my contract, or should I just let it be?

To sue or not to sue? I don't know whether it is best, but this I do know: "Every action must be prosecuted or defended in the name the real party in interest".

Which is a standard procedural rule - both states and federal. And in this instance means that you must bring your action against the actual owner of the rental unit (as in landlord) and not the owner/landlord's agent (as in property management)>.

Also, I'll give odds that if the truth is known it is SOP that every vacating tenant be assessed a minimum of $350 for "cleaning" whether such an expense is incurred or not.

 

[FlyingRon]

And such an SOP would be illegal under Idaho law.

 

[Kleimax]

Did you have move in/move out inspections? Do you have pictures/video of the property after you vacated but before you turned over the keys?

I actually do but to me that is a separate issue. The core issue is how they did not post-mark it WITHIN 30-days per my lease contract, and instead mailed it 38 days after I vacated. Idaho law state that is illegal.

 

[bcr229]

+

I actually do but to me that is a separate issue. The core issue is how they did not post-mark it WITHIN 30-days per my lease contract, and instead mailed it 38 days after I vacated. Idaho law state that is illegal.

Of course but you need that proof in case your former landlord tries to claim that you left the place so filthy that extra time was needed to clean it, which was the reason for the delayed refund.

 

[izzie02]

Just not returning balance by the 30 days would be enough to negate the LL right to deduct anything. The 30 days limit is there for a reason and a clear maximum time limit. I would first try sending them a letter to LL pointing out they were late as evidenced by the postmark. Inform them you took pictures and/or videos or whatever documentation you have on how you left the place. Ask for copy of invoice for cleaning services. Most likely they charge everyone this fee and people don't bother disputing it so they keep doing it. Ask them to return the remaining balance or will bring to small claims court if you are not refunded within a week.

Is there a standard cleaning fee upon vacating on lease? If not they can not just add that with out you agreeing to it in writing.